Tenant Can Conduct Pre-Trial Questioning Regarding Apartment Deregulation

Landlord sued to evict tenant, claiming that the apartment was deregulated. Tenant claimed that she was rent stabilized and asked the court for permission to conduct pre-trial questioning on how the apartment was deregulated more than 10 years previously. Landlord objected, arguing that the court shouldn't look back more than four years because tenant hadn't shown any indication of fraud.

The court ruled for tenant. The court can look back more than four years to determine whether the apartment was properly deregulated, without having to consider fraud. And tenant showed there was a question as to whether the apartment was properly deregulated. In 2003, the registered apartment rent was $450. In 2004 it was registered as $1,724 due to a vacancy increase and apartment improvements. In 2005, the apartment was registered as permanently exempt. Tenant claimed that landlord would have had to spend $47,000 to raise the rent as much as it did and that no improvements appeared to have been made in years. 

557-559 Wilson Avenue Realty v. Murdough: Index No. 66636/2014, NYLJ No. 1202720127221 (Civ. Ct. Kings;2/5/15; Ofshtein, J)